(605 ILCS 5/Art. 10 heading)
(605 ILCS 5/Art. 10 Div. 1 heading)
(605 ILCS 5/10-101) (from Ch. 121, par. 10-101)
Sec. 10-101.
The Department may acquire, by gift, any bridge or part of a
bridge and its approaches located in Illinois which cross any stream
forming a boundary line between this State and any adjoining state whenever
the bridge and its approaches constitute a direct continuation of a State
highway and of an improved highway in the adjoining state.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-102) (from Ch. 121, par. 10-102)
Sec. 10-102.
Before acquiring any bridge or part of a bridge and its
approaches as provided in this Division of this Article, the Department
shall ascertain, except as otherwise provided in Section 10-102.1, that the
bridge and its approaches are structurally sound
and in a good state of repair, that all bonds or other obligations issued
to finance the cost of constructing or acquiring the bridge and its
approaches have been fully retired and that all interest charges in
connection therewith have been fully paid and that there are no mortgages,
liens or encumbrances of any nature outstanding against the bridge and its
approaches or the real property acquired in connection therewith, and, in
case the bridge is across a navigable stream, that authority to construct,
maintain and operate the bridge and approaches was granted by Act of
Congress and that the Act, or a subsequent Act or Acts of Congress in
connection therewith, granted full authority to sell, assign or transfer
all rights, powers and privileges conferred by the Act of Congress. The
conveyance shall be by warranty deed and run to the State of Illinois. The
conveyance shall include any interest in real property acquired in
connection with the bridge, and shall assign and transfer to the State all
rights, powers and privileges conferred by any Act or Acts of Congress in
connection with the bridge and approaches.
(Source: P.A. 92-679, eff. 7-16-02.)
(605 ILCS 5/10-102.1)
Sec. 10-102.1. (Repealed).
(Source: P.A. 92-679, eff. 7-16-02. Repealed by P.A. 99-933, eff. 1-27-17.)
(605 ILCS 5/10-103) (from Ch. 121, par. 10-103)
Sec. 10-103.
(a) When the Department has acquired title to any bridge or
part of a bridge and its approaches as provided in this Division, it is
authorized to assume jointly with the adjoining state, or a political
subdivision of the adjoining state, responsibility for the future maintenance,
operation and control of such bridge. However, the Department shall not
pay more than one-half of the cost of the future maintenance, operation
and control of the entire bridge and its approaches, except that the
Department's share may be proportionate to the length of the bridge
within Illinois where required for compatibility with the adjoining
state's statutes. The Department may contract with the adjoining state
or with a political subdivision of the adjoining state for the maintenance, operation
and control of the entire bridge and its approaches by the adjoining
state or its political subdivision and for the reimbursement by the
Department for the share of the cost properly chargeable to the State of
Illinois. In such cases, the Department may also contract to maintain,
operate and control the entire bridge itself if the contract also
provides for reimbursement of the Department by the adjoining state or
its political subdivision of the share of the cost properly chargeable
to such adjoining state or its political subdivision.
(b) Any such contract between the Department and the adjoining state
or a political subdivision of the adjoining state entered into under paragraph
(a) of this Section shall be for a period not to exceed 50 years and shall be
1. renewable annually in the discretion of the Department, and
2. subject to an adequate annual appropriation by the General Assembly
to fund the proportionate share of the costs of the maintenance, operation
and control of the bridge and its approaches properly chargeable to the
State of Illinois.
(Source: P.A. 81-456.)
(605 ILCS 5/Art. 10 Div. 2 heading)
(605 ILCS 5/10-201) (from Ch. 121, par. 10-201)
Sec. 10-201.
Bridges across streams forming the boundary line between this
and any adjoining state, or bridges upon any road which lies upon the
boundary line between this and any adjoining state, may be constructed or
repaired by any county or counties of this State contiguous to the proposed
construction or repair, acting in conjunction with any county, municipality
or subordinate division of the adjoining state, as provided in this
Division of this Article. A bridge may likewise be constructed at the point
of intersection of any highway with the boundary line between this and any
adjoining state, or a bridge already constructed at such point may likewise
be repaired, as provided in this Division of this Article. A county shall
be deemed contiguous to such construction or repair if any part of such
county lies within 80 rods thereof. The total of the cost to be borne by
any county (or counties) of this State shall not exceed one-half of the
total cost of such construction or repair.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-202) (from Ch. 121, par. 10-202)
Sec. 10-202.
The county board of any such county is empowered to
appropriate moneys for the purpose of assisting in the construction or
repair of any such bridge or bridges, or bonds of such county may be
issued for that purpose as follows: Upon the filing with the county
clerk of a petition signed by 100 electors of such county who are owners
of land therein, requesting that the proposition of issuing bonds of
that county for such purpose be submitted to the electors of such county
for their approval or rejection, the county clerk shall certify the petition
to the proper election officials, who shall submit the proposition at
a regular election. Such referendum shall be conducted and notice given
in accordance
with the general election law.
(Source: P.A. 81-1489.)
(605 ILCS 5/10-203) (from Ch. 121, par. 10-203)
Sec. 10-203.
Such proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall county bonds for YES
the purpose of.... be -------------------------------
issued to the amount of....? NO
--------------------------------------------------------------
(Source: P.A. 81-1489.)
(605 ILCS 5/10-204) (from Ch. 121, par. 10-204)
Sec. 10-204.
If a majority of the legal voters voting at such election on
such question, voted in favor of the proposition, the county clerk shall
issue (from time to time as the work progresses) a sufficient amount, in
the aggregate, of the bonds of such county for the purpose of assisting in
the construction or repair of any such bridge or bridges, as set forth in
this Division of this Article, and in accordance with the prayer of the
petition. Such bonds shall be of such denominations, upon such time, bear
such rate of interest (not exceeding the maximum rate authorized by the
Bond Authorization Act, as amended at the time of the making of the contract), and be
disposed of, as the
necessities and convenience of such county may require. However, such bonds
shall not be sold nor disposed of, either by sale or by payment to
contractors for labor or materials, for less than par value. Such bonds
shall be issued in not less than 5 nor more than 30 annual series, the
first series of which shall mature not more than 5 years from the date of
issue, and each succeeding series in succeeding years thereafter. A
register of all issues of such bonds shall be kept in the office of the
county clerk of such county, showing the date, amount, rate of interest,
maturity, and the purpose for which such bonds were issued, and it shall be
the duty of such county clerk, to extend annually against all the property
in such county, a tax sufficient to pay the interest of such bonds in each
year prior to the maturity of such first series, and thereafter he shall
extend a tax in each year sufficient to pay each series as it matures,
together with interest thereon and with the interest upon the unmatured
bonds outstanding. Such bonds may be lithographed and the interest for each
year evidenced by interest coupons thereto attached, which coupons shall be
signed with the original or facsimile signatures by the same officers who
executed the bonds.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(605 ILCS 5/10-205) (from Ch. 121, par. 10-205)
Sec. 10-205.
The plans and specifications for the construction or repair of
any such bridge or bridges shall be approved by the county superintendent
of highways (or county superintendents of highways, in case two counties of
this State are assisting in such construction or repair), and by the
Department. The contract for any such work shall be let by the county board
(or county boards, in case two counties of this State are assisting in such
construction or repair), acting jointly with the corporate authorities of
the county, municipality, or other subordinate division of the adjoining
state. However, no contract shall be considered as let unless the
contractor shall within 15 days after the final award of same, file with
the county clerk of such county (or of each such county) a bond, with good
and sufficient sureties, in a sum equal to the part of the total cost which
that county is to bear, conditioned upon the faithful performance of such
contract.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-206) (from Ch. 121, par. 10-206)
Sec. 10-206.
If the cost of such construction or repair is $1,000 or less,
such county (or counties) shall not be liable for any part of such expense
until all the work has been fully completed, and has been accepted by the
county superintendent of highways (or by each county superintendent of
highways). Such official (or officials) shall certify such acceptance to
his county board (or to their respective county boards), and shall
accompany such certificate with an itemized statement of all expenditures
in such construction or repair.
If the total cost of the construction or repair exceeds $1,000, partial
payments not oftener than once a month, and not to exceed 90% of the work
actually completed, may be paid the contractor by the county (or counties).
No such partial payments shall be made unless approved by the county
superintendent of highways (or by each county superintendent of highways),
and no partial payments shall in any way be deemed an acceptance of the
work until such work has been fully completed and accepted by the county
superintendent (or by each county superintendent of highways) and such
acceptance certified as provided above.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 10 Div. 3 heading)
(605 ILCS 5/10-301) (from Ch. 121, par. 10-301)
Sec. 10-301.
Each county of this State, is authorized to acquire by
purchase or otherwise, to construct, repair, maintain and operate a bridge
or bridges over and across any navigable or non-navigable stream within
such county, or forming a boundary line between such county and any other
county in the State of Illinois, or forming a boundary line between the
State of Illinois and any adjoining state, and shall have authority to
exercise all such powers within its boundaries and in adjacent territory
within this State, and in any adjoining state, after first having obtained
authority, if any be necessary, from the Department and the United States.
Such powers may be exercised either directly through the county board of
any such county, or through a bridge commission created as in this Division
of this Article provided.
For the purposes of this Division of this Article "Bridge" means any
bridge over or across any stream, navigable or non-navigable, including any
bridges and the approaches thereto, and all necessary elevated structures
to eliminate intersection at grade with any streets, tunnels, public roads,
thoroughfares, highways, railroads or street railroads.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-302) (from Ch. 121, par. 10-302)
Sec. 10-302. Every county which, by ordinance, determines to exercise the
powers granted by this Division of this Article has the right to acquire by
purchase or otherwise, to construct, repair, maintain and operate any such
bridge and its approaches across, above or under any railroad or public
utility right-of-way, and in, upon, under or above any public or private
road, highway, street, alley or public ground, or upon any property owned
by any municipality, political subdivision or agency of this State, and for
the purpose of acquiring property or easements necessary or incidental in
the construction, repair, maintenance or operation of any such bridge and
the approaches thereto, any such county shall have the right of eminent
domain as provided by the Eminent Domain Act. The county board of each such county has power to make, enact
and enforce all needful rules and regulations in connection with the
acquisition, construction, maintenance, operation, management, care or
protection of any such bridge, and such county board shall establish rates
of toll or charges for the use of each such bridge which shall be
sufficient at all times to pay the cost of maintenance and operation of
such bridge and its approaches, and the principal of and interest on all
bonds issued and all other obligations incurred by such county under the
provisions of this Division of this Article. Rules and regulations shall be
established from time to time by ordinance.
Rates of toll or charges for the use of each such bridge shall be
established, revised, maintained, be payable and be enforced,
including by administrative adjudication as provided in Section 10-302.5,
as the county board of each such county may determine by ordinance.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the county shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services. Any toll bridges in Winnebago County that are in operation and collecting tolls on the effective date of this amendatory Act of the 97th General Assembly are exempt from the provisions of the Act.
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/10-302.5)
Sec. 10-302.5. Administrative adjudication of toll violations.
(a) The county may provide by ordinance for a system of administrative
adjudication for fixing, assessing, and collecting civil fines for a vehicle's
operation on a county toll bridge if the required toll or charge has not been
paid.
(b) An ordinance establishing a system of administrative adjudication under
this Section shall provide for the following:
(c) The county may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority under which the Authority may provide administrative adjudication of toll violations occurring on a county toll bridge.
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/10-303) (from Ch. 121, par. 10-303)
Sec. 10-303.
For the purpose of acquiring by purchase or otherwise or the
constructing of any such bridge, the county board of each such county is
authorized to borrow money and in evidence thereof to issue the bonds of
such county, and to refund the same from time to time, payable solely from
the revenues derived from the operation of such bridge. Such bonds may be
issued as serial or term bonds, shall mature in not to exceed 40 years from
the date thereof, and may be made redeemable, prior to maturity, with or
without premium. Such bonds may be issued in such amounts as may be
necessary to provide sufficient funds to pay the cost of acquiring or
constructing such bridge and the approaches thereto, including all property
real or personal, necessary or incidental in the acquisition or
construction of such bridge and its approaches, including reasonable legal
and engineering, traffic survey, and architectural fees, costs of
financing, and interest during construction and for not less than 12 months
thereafter. Such bonds shall bear interest at a rate not to exceed that
permitted in "An Act to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants subject to interest
rate limitations set forth therein", approved May 26, 1970, as amended,
payable semi-annually. Bonds issued under the provisions of this
Division of this Article have the qualities and incidents of negotiable
instruments under the laws of the State of Illinois, shall be executed in
the name of the county by the chairman of the county board and the county
clerk of such county, and shall be sealed with the corporate seal of the
county, and the interest coupons attached to such bonds shall be executed
by the facsimile signatures of such chairman and county clerk, and such
officials by the execution of such bonds shall adopt as and for their own
proper signatures their respective facsimile signatures appearing on such
coupons. In case any officer whose signature appears on any such bonds or
coupons ceases to be such officer before delivery of such bonds, such
signatures shall nevertheless be valid and sufficient for all purposes, the
same as if such officer had remained in office until such delivery.
Such bonds may be registered as to principal at any time prior to
maturity in the name of the holder on the books of the county in the office
of the county treasurer, such registration to be noted on the reverse side
of the bonds by the county treasurer, and thereafter the principal of such
registered bonds shall be payable only to the registered holder, his legal
representatives or assigns. Such registered bonds shall be transferable to
another registered holder, or back to bearer, only upon presentation to the
county treasurer with the legal assignment duly acknowledged or approved.
Registration of any such bonds shall not affect negotiability of the
coupons thereto attached, but such coupons shall be transferable by
delivery merely.
All such bonds issued by any such county shall be sold in such
manner and at such time as the governing body shall determine. Whenever the
governing body of any such county determines to issue bonds as provided for
in this Division of this Article, it shall adopt an ordinance describing in
a general way the bridge to be acquired or constructed and its general
location. Such ordinance shall set out the aggregate amount of the
estimated cost of the acquisition or construction of such bridge, as
prepared by the engineers employed for that purpose, determine the period
of usefulness thereof and fix the amount of revenue bonds to be issued, the
maturity or maturities, redemption privileges, the interest rate, sinking
fund, and all other details in connection with such bonds, including such
reserve accounts as the county board of such county may deem necessary.
Such ordinance may contain such covenants and restrictions upon the
issuance of additional revenue bonds thereafter as may be deemed necessary
or advisable for the assurance of the payment of the bonds thereby
authorized. Revenue bonds issued under the provisions of this Division of
this Article shall be payable solely from the revenue derived from such
bridge, and such bonds shall not, in any event constitute or be deemed an
indebtedness of such county within the meaning of any constitutional
provisions or statutory limitation as to debt, and it shall be plainly
stated on the face of each bond that it does not constitute an indebtedness
within any constitutional or statutory limitation. Such ordinance shall be
published within 30 days after its passage in a newspaper, published and
having a general circulation in such county, and shall not become effective
until 10 days after its publication.
(Source: P.A. 83-225.)
(605 ILCS 5/10-304) (from Ch. 121, par. 10-304)
Sec. 10-304.
Any ordinance authorizing the issuance of bonds under this
Division of this Article shall provide for the creation of a sinking fund
into which shall be payable from the revenues of such bridge, from month to
month, as such revenues are collected, such sums in excess of the cost of
maintenance and operation and the sums necessary to maintain any reserve
accounts created by such ordinance, as will be sufficient to pay the
accruing interest and retire the bonds at or before maturity. The moneys in
such sinking fund shall be applied solely in the payment of matured
interest on bonds authorized under the provisions of this Division of this
Article and for the retirement of such bonds at or prior to maturity in the
manner herein provided. All sums in the sinking fund in excess of the
amount required for the payment of interest and principal of all
outstanding bonds for the current year shall be paid out upon the order of
the governing body for the purchase or redemption of bonds issued under the
provisions of this Division of this Article, for the account of which such
sinking fund has been accumulated, where it is possible to purchase or
redeem the same at not more than par and accrued interest. If such bonds
cannot be purchased or redeemed, such funds shall be used to pay the
principal or interest on bonds issued under the provisions of this Division
of this Article as the same become due. Any excess sums in the sinking fund
which cannot be applied to the purchase or redemption of bonds may be
invested in securities of the United States maturing not more than 6 months
after the date such sums can be applied to the retirement of the bonds at
maturity.
Upon the issuance of any bonds as in this Division of this Article
provided and while any of such bonds are outstanding, all revenues, in
excess of the sums required for maintenance and operation of the bridge,
and the maintenance of the reserve accounts created, shall be deposited in
the sinking fund, and shall be used for the purchase, redemption or payment
at maturity of the interest and principal of bonds as provided in this
section, that have been issued in accordance with the provisions of this
Division of this Article.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-305) (from Ch. 121, par. 10-305)
Sec. 10-305.
The county treasurer of each such county shall be the legal
custodian of all funds derived from the issuance of bonds provided for
under this Division of this Article and of all revenues derived from the
operation of any such bridge, and before he shall receive any such funds he
shall be required to post with the county board of such county and subject
to their approval, a separate corporate surety bond in an amount to be
determined by resolution of such county board. He shall be required to keep
proceeds of bonds issued and revenues derived from the operation of any
such bridge separate and apart from all other funds which come into his
hands as the county treasurer, and the proceeds of bonds issued and the
revenues derived from the operation of the bridge shall be by him deposited
in separate bank or savings and loan association accounts
to be designated for that purpose
by the county board of the county. No money shall be paid out of such
accounts by the county treasurer except upon an order signed by the
chairman of the county board or the chairman of the finance committee of
such county board and the county clerk. All such orders shall specify the
purpose for which the amount thereof is to be paid with sufficient
clearness to indicate the purpose for which the order is issued, and there
shall be endorsed thereon the name of the particular fund out of which it
is payable, and it shall be paid from the fund constituted for such purpose
and from no other fund.
(Source: P.A. 83-541.)
(605 ILCS 5/10-306) (from Ch. 121, par. 10-306)
Sec. 10-306.
The county board of each such county shall install and
maintain a proper system of accounts, showing the receipts from the
operation of the bridge and the application of the same, and the county
board shall at least once a year cause such accounts to be properly audited
by a certified public accountant and copies of such audit shall be filed in
the office of the county clerk and shall be open for inspection at all
proper times to any taxpayer, bondholder or other creditor of such county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-307) (from Ch. 121, par. 10-307)
Sec. 10-307.
Any holder of a bond or bonds, or any of the coupons of any
bond or bonds issued under the provisions of this Division of this Article
may, by action, mandamus, injunction
or other
proceeding, enforce or compel the performance of all duties required by
this Division of this Article, including the fixing, maintaining and
collecting of such rates of toll or charges for the use of such bridge and
its approaches as will be sufficient for all the purposes provided by this
Division of this Article and the application of the income and revenue
therefor. All bonds issued under the provisions of this Division of this
Article shall enjoy equal rights in respect of the revenues of each such
bridge regardless of the time of the actual issuance or delivery thereof.
(Source: P.A. 83-345.)
(605 ILCS 5/10-308) (from Ch. 121, par. 10-308)
Sec. 10-308.
The county board of each such county shall have no power to
borrow money for the acquisition or construction of any such toll bridge or
bridges except as in this Division of this Article provided and all money
borrowed and obligations incurred by each such county in the acquisition or
construction, and in the repair, maintenance and operation of each such
bridge shall be payable solely and only from the revenues derived from the
operation of each such toll bridge.
All contracts for the construction of any such bridge and its approaches
involving the sum of $500 or more, shall be let to the lowest responsible
bidder therefor after notice inviting bids shall have been given by the
county board. Notice inviting bids shall be published at least once in a
daily or weekly newspaper, published and of general circulation in the
county, the date of publication to be not less than 15 days prior to the
date set for receiving bids. The county board shall have the right to
reject all proposals or bids submitted, in which event a new date must be
set for receiving bids and a new advertisement inviting bids published, as
required in the first instance.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-309) (from Ch. 121, par. 10-309)
Sec. 10-309.
Title to all property acquired pursuant to this Division of
this Article shall be taken in the name of the county.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-310) (from Ch. 121, par. 10-310)
Sec. 10-310.
The county board of each such county shall establish by
ordinance the beginning and ending of a fiscal year for the operation of
each such bridge, which period shall constitute the budget year for the
maintenance and operation of each such bridge, and at least 30 days
prior to the beginning of the first full fiscal year after the
completion of each such bridge, the county board shall prepare a
tentative budget which shall include all proposed operation and
maintenance expenses for the ensuing fiscal year. Such budget shall be
considered by the county board and after consideration and any revision
as may be determined by such county board, it shall be adopted within 30
days after the beginning of each fiscal year by such county board as the
budget for the ensuing year and no expenditures in excess of the budget
shall be made during such fiscal year unless authorized and directed by
a four-fifths vote of the county board of each such county. It shall not
be necessary to include in such budget any statement of necessary
expenditures for debt service or capital outlay incurred in any
preceding year, but the county board shall make provision for such
payments as they become due. Upon the adoption of such budget a copy
thereof shall be filed in the office of the county clerk and shall be
open for inspection by the public. The funds of the county derived from
the operation of any such bridge shall not be subject to the provisions
of "An Act in relation to the budgets of counties not required by law to
pass an annual appropriation bill," approved July 10, 1933, as amended.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-311) (from Ch. 121, par. 10-311)
Sec. 10-311.
The county board of each such county may in its discretion, by
ordinance, create a bridge commission for the purpose of exercising the
powers conferred by this Division of this Article if such county board
deems it expedient and necessary. The chairman of the county board, subject
to the approval of the county board, shall appoint 4 persons, all of whom,
in counties under township organization, shall be members of the county
board of such county, who with such chairman, ex officio, shall constitute
a bridge commission to be designated the ".... County Bridge Commission."
All members appointed to such commission shall be legal voters of said
county, and shall have resided in said county for at least 2 years prior to
the date of their appointment to such commission. Any person holding an
elective or appointive public office shall not be eligible for appointment
to the commission, and any person who has held an elective or appointive
public office shall not be eligible for one year after the expiration of
his term of office; provided, however, such restrictions as to eligibility
for appointment shall not be applicable to members of the county board of
the county who shall be eligible for appointment nevertheless.
One of such appointees shall be appointed for a term of one year, one
for a term of 2 years, one for a term of 3 years, and one for a term of 4
years, and annually thereafter appointments to fill the expired terms shall
be made in like manner except that the term of each such appointee shall be
for a term of 4 years. Vacancies shall be filled for any unexpired term in
the same manner as the original appointment. Such bridge commission shall
elect a chairman and vice-chairman from its membership and a secretary who
need not be a member of such commission. The members of the commission
shall receive no compensation for their service and shall give such bond as
may be required from time to time by the county board of the county. The
commission shall fix the compensation of the secretary subject to the
approval thereof by the governing body of the county. The commission shall
have power to establish by-laws, rules and regulations for its own
government and shall have general supervision over the construction,
operation, and management of each such bridge proposed or constructed by
each county under the provisions of this Division of this Article; may
employ engineering, structural and construction experts, inspectors and
attorneys and such other employees as may be necessary in its opinion, fix
their compensation and prescribe their duties. All salaries and
compensation shall be obligations of the county, payable solely from the
revenues derived from the operation of the bridge as provided under this
Division of this Article. The office records, books and accounts of the
bridge commission shall be maintained in the office of the county clerk of
the county.
Each such bridge commission may be authorized and directed by the county
board to prepare all necessary plans and specifications for the
construction of such bridge or bridges, select the location for the same,
determine the size, type, method of construction, make all necessary
estimates of the probable cost of the construction and the acquisition of
land and rights necessary and incidental to the construction of the bridge
and its approaches and enter into all contracts to build and construct such
bridge and its approaches subject to the limitations provided in this
Division of this Article. No plans and specifications or estimate of cost
for the construction of any such bridge and its approaches shall be adopted
by the bridge commission until it has first been submitted to the county
board of the county and approved by such county board, and such bridge
commission shall not enter into any contract or incur any liabilities in
connection with the construction of any such bridge or its approaches
unless and until such contracts or liabilities have been approved by the
county board of such county.
Such bridge commission shall operate, manage and control any such bridge
constructed or acquired under the provisions of this Division of this
Article, fix the rates of toll, or charges for the use thereof, establish
rules and regulations for the use and operation of such bridge, and if and
when authorized by the county board of any such county shall have power to
reconstruct, extend and enlarge any such bridge or bridges.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-312) (from Ch. 121, par. 10-312)
Sec. 10-312.
The provisions of this Division of this Article shall be
cumulative and shall be considered as conferring additional power on
counties and as additions to and not as limitations upon the power of
counties to acquire, construct, maintain or operate bridges, and as
authorizing the issuance of bonds payable solely from the revenues derived
from the operation of such bridges without submitting the proposition of
issuing such bonds to the voters.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 10 Div. 5 heading)
(605 ILCS 5/10-501) (from Ch. 121, par. 10-501)
Sec. 10-501.
Each municipality in this State is authorized to construct or
acquire by purchase, lease or gift, and to maintain bridges and the
approaches thereto within the corporate limits, or at any point within 3
miles of the corporate limits of such municipality. All such bridges shall
be free to the public, and no toll shall ever be collected by any such
municipality except as hereinafter in this Division of this Article
provided.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-502) (from Ch. 121, par. 10-502)
Sec. 10-502. In all cases where a bridge shall heretofore have been
constructed or shall hereafter be constructed across a navigable stream by
any municipality in whole or in part without the territorial limits of such
city, where the population of such municipality furnishing the principal
part of the expenses thereof shall not exceed 10,000 inhabitants, and where
it is necessary to maintain a draw and lights, then a reasonable toll may
be collected by the municipality building such bridge, to be set apart and
appropriated to the expense of maintaining such bridge and keeping such
bridge in repair, and of maintaining, opening and closing proper draws
therefor, and lights, and to the payment of bonds or interest thereon,
issued therefor, as hereinafter provided in this Division of this Article.
The General Assembly finds that electronic toll collection systems in Illinois should be standardized to promote safety, efficiency, and traveler convenience. If electronic toll collection is used on such bridge, the municipality shall configure the electronic toll collection system to be compatible with the electronic toll collection system used by the Illinois State Toll Highway Authority. The municipality may enter into an intergovernmental agreement with the Illinois State Toll Highway Authority to provide for such compatibility or to have the Authority provide electronic toll collection or toll violation enforcement services.
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/10-503) (from Ch. 121, par. 10-503)
Sec. 10-503.
Every bridge so owned, acquired or controlled by such
municipality and the approaches thereto when in whole or in part outside
the corporate limits thereof shall be subject to the municipal control and
ordinances of such municipality, the same to all intents and purposes and
in effect, as though such bridge and approaches thereto were entirely
situated within the corporate limits of such municipality, and in such case
the county may assist in the construction of such bridge as is provided by
law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-504) (from Ch. 121, par. 10-504)
Sec. 10-504.
Any municipality within this state for the purpose of
acquiring, paying for, maintaining, or constructing any such bridge or
bridges, and the approaches thereto as in this Division of this Article
provided, is authorized to issue such bonds under the general laws of
this state in an amount which, together with all the other indebtedness
of such municipality, shall not exceed 5% on the assessed valuation of
the taxable property within the corporate limits of such municipality as
provided by law, the same to be payable out of the general revenue and
funds of such municipality.
Provided, such municipality is also authorized to issue for the
purposes aforesaid, or any of them, bonds in such sum as may be
necessary for the purposes aforesaid or any of them, in addition to and
over and above the bonds first in this section hereinbefore provided
for, in excess of the said 5% of the assessed valuation of the property
within any such municipality. Such bonds shall not, however, be payable
out of nor be in charge upon any of the general revenue or funds of such
municipality, but shall be payable out of the income derived by such
municipality from the operation and maintenance of any such bridge or
bridges. And provided further, that before any such bonds shall be
issued, the question of the issuance thereof shall be submitted to a
vote of the legal voters of the municipality at an election in accordance
with the general election law and approved by a majority
of those voting on the question at such election: And provided further, that for the
purpose of securing such bonds so issued in excess of 5% of the assessed
valuation of the taxable property within such municipality, such
municipality may by the ordinance providing for the issuance of such
bonds, mortgage or pledge any such bridge or approaches, and the income
derived or to be derived therefrom, for the payment of such bonds, and
the interest thereon: And provided further, nothing herein shall prevent
such municipality from paying any such bonds issued in excess of said 5%
of such assessed valuation or the interest thereon out of the general
funds or revenue of such municipality, if it shall see fit so to do, if
at the time of so paying same out of such general funds and revenue of
such municipality, such municipality shall not be indebted in excess of
5% of the assessed valuation of the taxable property within such
municipality in excess of the amount so paid by such municipality out of
its general revenue and funds in the payment of such bonds. But nothing
herein shall be deemed, taken or held to entitle the holder or holders
of any such bond or bonds to payment of the same or of the interest
thereon out of any such general funds or revenue of such municipality.
(Source: P.A. 81-1489.)
(605 ILCS 5/Art. 10 Div. 6 heading)
(605 ILCS 5/10-601) (from Ch. 121, par. 10-601)
Sec. 10-601.
The corporate authorities of any municipality, have the power
to acquire by purchase, lease, or gift, ferries, bridges, the approaches
thereto, and not exceeding 4 acres of land within the corporate limits, or
within 5 miles of the corporate limits thereof for each ferry or bridge.
They also have the power to maintain, regulate and fix the tolls on these
ferries and bridges.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-602) (from Ch. 121, par. 10-602)
Sec. 10-602. Every municipality has the power:
All such ferries, bridges, and highways shall be free to the public and
no toll shall ever be collected by the municipality except that:
(605 ILCS 5/10-603) (from Ch. 121, par. 10-603)
Sec. 10-603.
Every bridge or ferry and also the approaches thereto, owned
or controlled by a municipality as provided in Section 10-602, when
outside the corporate limits, are subject to the municipal control and
ordinances of the municipality, the same as though the bridge or ferry and
the approaches thereto, were situated within the corporate limits of the
municipality. In such case the county may assist in the construction of
such bridge, as is now provided by law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-604) (from Ch. 121, par. 10-604)
Sec. 10-604.
Every municipality with a population of less than 500,000
which is located on a navigable stream has the power to acquire, construct,
maintain, and operate either within or without its corporate limits,
bridges and approaches, and transportation and other terminal facilities.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-605) (from Ch. 121, par. 10-605)
Sec. 10-605.
For the purposes specified in Section 10-604, such a
municipality may levy and collect a special tax annually of not more
than .25 per cent of the value, as equalized or assessed by the
Department of Revenue, of taxable property situated in
the municipality. This tax shall be in addition to all other taxes that
the municipality may be authorized by law to levy and shall be in
addition to the amount authorized to be levied for general purposes as
provided in Section 8-3-1 of the Illinois Municipal Code, as now or
hereafter amended. However, this tax shall not be levied in the
municipality until the question of levying the tax has been submitted,
in accordance with the general election laws of this State, to the
electors of the municipality at an election and has been approved by a majority
of the electors
voting thereon. The corporate authorities of the municipality may initiate
the submission of such proposition to referendum by ordinance.
The proposition shall be in substantially the following form:
--------------------------------------------------------------
Shall (insert the name of municipality)
be empowered to levy and collect a special
tax annually of .... per cent on each YES
dollar of the valuation of the taxable
property for the purpose of acquiring, --------------
constructing, maintaining or operating
bridges or approaches and transportation NO
and other terminal facilities, as provided
in Section 10-605 of the Illinois Highway Code?
--------------------------------------------------------------
If a majority of the electors of the municipality voting thereon vote
for the levy and collection of the tax provided for in this Section, the
municipality has the power to levy and collect the tax.
The foregoing limitation upon tax rate may be increased or decreased
according to the referendum provisions of the General Revenue Law of
Illinois.
(Source: P.A. 81-1509.)
(605 ILCS 5/10-606) (from Ch. 121, par. 10-606)
Sec. 10-606.
Any municipality specified in Section 10-604 may issue bonds
for the purposes specified in Section 10-604. The amount of these bonds,
including the existing indebtedness of the municipality, shall not exceed,
in the aggregate, 5% of the value of the taxable property therein. This
value shall be ascertained by the last assessment for State and county
taxes previous to the issue of these bonds. The bonds authorized by this
section to be issued shall not be subject to the limit of indebtedness
provided for in Division 5 of Article 8 of the Illinois Municipal Code, as
heretofore or hereafter amended.
(Source: Laws 1961, p. 1415.)
(605 ILCS 5/Art. 10 Div. 7 heading)
(605 ILCS 5/10-701) (from Ch. 121, par. 10-701)
Sec. 10-701.
In this Division of this Article, unless the context otherwise
requires:
(1) "Bridge" means any bridge over or across a river, including any
bridges on the approaches thereto to eliminate intersection at grade with
any street, tunnel, public road, thoroughfare, highway, railroad or street
railroad, where the complete project is located entirely within the State;
(2) "Net Revenue" means the gross revenue of a bridge less the
reasonable cost of operating, maintaining, and repairing the bridge;
(3) "United States" means the United States of America and any agent or
agency thereof;
(4) "Holder" means the holder or holders of any of the bonds issued
under this Division of this Article.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-702) (from Ch. 121, par. 10-702)
Sec. 10-702. Every municipality has the power:
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/10-703) (from Ch. 121, par. 10-703)
Sec. 10-703.
Without limiting any other powers granted in this Division of
this Article, each municipality has the power to provide for the payment of
the cost of acquiring or constructing any bridge or for the payment of any
portion of the cost by one or more issues of revenue bonds of the
municipality, payable solely from the net revenue of the bridge so acquired
or constructed. These bonds shall be authorized by ordinance of the
corporate authorities of the municipality and shall be in substantially the
form set forth in the ordinance. The bonds may be serial or term;
redeemable, with or without premium, or non-redeemable; shall bear interest
at a rate not exceeding the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such
times as may be
provided; shall mature at such times not exceeding the life of the bridge,
for the acquisition or construction of which they are issued, as estimated
by the corporate authorities, but in no event exceeding 40 years; and shall
be issued in such amounts and at such place as shall be prescribed in the
ordinance authorizing their issuance.
The bonds shall be signed by such officers as the corporate authorities
shall determine, and coupon bonds shall have attached thereto interest
coupons bearing the facsimile signatures of such officers as the corporate
authorities shall determine; all as shall be prescribed in the ordinance
authorizing the bonds. The bonds may be issued and delivered,
notwithstanding the fact that an officer signing the bonds, or whose
facsimile signature appears upon any of the coupons has ceased to hold his
office at the time that the bonds are actually delivered.
The bonds of the municipality may be sold in such manner, at such times,
and at such prices as the corporate authorities may determine, but no sale
shall be made at a price which would make the interest cost to maturity on
the money received therefor computed with relation to the absolute maturity
of the bonds in accordance with standard tables of bond values, exceed the
maximum rate authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. The principal of and interest upon
the bonds shall be payable
solely from the net revenue derived from the operation of the bridge
acquired or constructed with proceeds of the sale of the bonds. No bond
issued pursuant to this Division of this Article shall constitute an
indebtedness of a municipality within the meaning of any constitutional,
statutory, or charter limitation. It shall be plainly stated on the face of
each bond in substance that the bond has been issued under the provisions
of this Division of this Article and that the taxing power and general
credit of the municipality issuing the bond are not pledged to the payment
of the bond, or interest thereon, and that the bond and the interest
thereon are payable solely from the net revenue of the bridge to acquire or
construct which the bond is issued.
The cost of the bridge or improvement thereto shall include interest
during construction, and for not exceeding 12 months thereafter, and also
all engineering, legal, architectural, traffic surveying, and other
expenses incident to the construction and the acquisition of the necessary
property, and incident to the financing thereof, including the cost of
acquiring existing franchises, rights, plans, and works of and relating to
the bridge. If the proceeds of the bonds issued shall exceed the cost as
finally determined, the excess shall be applied to the payment, purchase,
or redemption of the bonds. Bonds and interest coupons issued under this
Division of this Article shall possess all the qualities of negotiable
instruments.
No ordinance pursuant to this section shall become effective until after
the plans and specifications relating to the project have been submitted to
and approved by the Department.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(605 ILCS 5/10-704) (from Ch. 121, par. 10-704)
Sec. 10-704.
An ordinance authorizing bonds under this Division of this
Article may contain provisions, which shall be part of the contract with
the holders of the bonds, as to (1) the dates, maturities, denominations,
rate of interest, places, and medium of payment of the bonds and other
details in connection with the bonds or their issuance, (2) the rates of
tolls and other charges to be charged by the municipality for transit over
or use of the bridge, and their segregation and application, (3) the
registration of the bonds as to principal only or as to both principal and
interest, and the interchangeability and exchangeability of the bonds, (4)
the redemption of the bonds, and the price at which they are redeemable,
(5) the setting aside of reserves or sinking funds and the regulation and
disposition thereof, (6) limitations upon the issuance of additional bonds
payable from the revenue of the bridge or upon the rights of the holders of
these additional bonds, and (7) other agreements with the holders of the
bonds or covenants or restrictions necessary or desirable to safeguard the
interests of these holders.
After the passage of an ordinance providing for the issuance of revenue
bonds under this Division of this Article, the ordinance shall be published
in the same manner and form as is required for other ordinances of the
municipality. The ordinance shall become effective 10 days after
publication, or, if approval of the plans and specifications by the
Department is subsequent thereto, upon the date of such approval.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-705) (from Ch. 121, par. 10-705)
Sec. 10-705.
The municipality shall fix rates of toll to be charged for
transit over and use of such a bridge. These rates shall be so fixed,
charged, and adjusted as to provide revenue at all times sufficient, (1) to
pay the reasonable cost of maintaining (including insurance), operating,
and repairing the bridge; (2) to provide a sinking fund and reserves
sufficient to pay the principal of and interest on the bonds, including
refunding bonds, if any, out of the revenue from the bridge, as the bonds
mature and fall due; (3) to pay the redemption or repurchase price of all
bonds redeemed or repurchased before maturity as provided in this Division
of this Article; (4) to fulfill the terms and provisions of any agreement
with holders of the bonds; and (5) to provide, in addition to the toll
purposes specified in clauses (1) to (4), both inclusive, of this sentence,
a sinking fund of accumulated tolls and revenue in such amount (determined
by a registered professional engineer and approved by the Secretary of
Transportation) that the annual interest therefrom will provide adequate
income to pay the reasonable cost and extraordinary expenses of maintaining
(including insurance), operating, improving and repairing the bridge when
and as long as the municipality operates the bridge as a free bridge. The
rates provided for by clause (5) of the preceding sentence may be charged
for a period not to exceed 18 months after sufficient funds to pay all
bonds, including interest thereon, have been accumulated in the sinking
fund provided for by clause (2).
An accurate record of the cost of each bridge, the expenditures for
maintaining, operating, and repairing the bridge, and of the daily tolls
collected, shall be kept and shall be available for the information of all
persons interested. The municipality shall classify in a reasonable way all
traffic over the bridge, and the tolls shall be fixed and adjusted by it as
to be uniform in their application to all traffic falling within any such
reasonable class.
The municipality shall operate the bridge as a toll bridge until all
bonds payable out of the revenue thereof are paid in full, and thereafter
shall operate the bridge as a free bridge.
(Source: P.A. 77-173.)
(605 ILCS 5/10-706) (from Ch. 121, par. 10-706)
Sec. 10-706.
Any municipality may by ordinance authorize the issue of
refunding revenue bonds, payable solely from the revenues of a bridge to
refund the principal or accrued interest, or both, of its outstanding
revenue bonds issued hereunder, prior to their maturity, and the principal
and accrued interest of its matured outstanding revenue bonds issued under
the provisions of this Division of this Article, and which by their terms
are payable solely from the net revenues of the bridge. The refunding
revenue bonds may be made registerable as to principal and bear interest at
a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such time
or at such place as
may be provided for in the ordinance authorizing the issue thereof.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(605 ILCS 5/10-707) (from Ch. 121, par. 10-707)
Sec. 10-707.
The ordinance authorizing such refunding revenue bonds shall
prescribe all the details thereof and the bonds shall be in such form and
denomination payable at such places, bear such date and be executed by such
officials as may be provided in the bond ordinance. The ordinance also
shall determine the life of the bridge. The refunding revenue bonds shall
mature within the life of the bridge as so determined and shall mature, in
any event, within not to exceed 40 years from their date, and may be made
callable on any interest payment date at a price of par and accrued
interest, after notice shall be given by publication or otherwise at any
time or times and in the manner as may be prescribed for in the bond
ordinance.
The ordinance may contain such covenants and restrictions upon the
issuance of additional refunding revenue bonds, or revenue bonds for the
improvement and extension of such bridge as may be deemed necessary or
advisable for the assurance of the payment of the refunding revenue bonds
thereby authorized; such bonds shall be payable from the net revenues of
the bridge and such bonds shall not, in any event, constitute an
indebtedness of the municipality within the meaning of any constitutional
or statutory limitation, and it shall be plainly stated on the face of each
bond that it does not constitute an indebtedness of the municipality within
any constitutional or statutory provision or limitation.
The validity of any refunding revenue bonds shall remain unimpaired,
although one or more of the officials executing the same shall cease to be
such officer or officers before delivery thereof, and such bonds shall have
all the qualities of negotiable instruments under the Law Merchant and the
Negotiable Instrument Law.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-708) (from Ch. 121, par. 10-708)
Sec. 10-708.
After the ordinance providing for the issuance of
refunding revenue bonds has been passed, it shall be published in the
same manner and form as is required for other ordinances of the
municipality. The ordinance shall become effective 30 days after publication,
which publication shall include a notice of (1) the specific number of
voters required to sign a petition requesting that the question of the adoption
of the ordinance be submitted to the electors of the municipality; (2) the
time in which the petition must be filed; and (3) the date of the prospective
referendum, unless within such period a petition is filed with the
municipal clerk, signed by electors of the district numbering 10% or more
of the number of registered voters in the district, asking that the
question of issuing such bonds be submitted to the electors of the
municipality. The municipal clerk shall provide a petition form to any
individual requesting one. Upon the filing of such petition the municipal
clerk shall certify the proposition to the proper election officials, who
shall submit at an election such proposition in the manner provided by the
general election law. Such referendum shall be held and notice given in
accordance with the general election law. If a majority of the electors
voting upon the proposition voted in favor of the issuance of the bonds,
the ordinance shall be in effect; but if a majority of the votes cast are
against the issuance of the bonds, the ordinance shall not go into effect.
(Source: P.A. 87-767.)
(605 ILCS 5/10-709) (from Ch. 121, par. 10-709)
Sec. 10-709.
Such refunding revenue bonds may be exchanged on a basis of
par for the securities to be refunded, or such bonds may be sold at not
less than their par value and accrued interest and the proceeds received
shall be used to pay the bonds which are to be refunded thereby.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-710) (from Ch. 121, par. 10-710)
Sec. 10-710.
The corporate authorities of any such municipality are
authorized to take any action that may be necessary to inform owners of
outstanding bonds regarding the financial condition of the fund out of
which the bonds are payable and the necessity of refunding the same and
readjusting the maturities thereof and the corporate authorities may enter
into any agreements required to prepare and carry out any refunding plan,
and without previous appropriation therefor under any law may incur and pay
expenditures that may be necessary in order to accomplish the refunding of such bonds.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-711) (from Ch. 121, par. 10-711)
Sec. 10-711.
The holder of any bond or refunding bond or interest coupon by
a civil action, may enforce and compel performance of all duties of the
issuing municipality as required by this Division of this Article and the
ordinance authorizing the issuance of the bonds, including the duties of
fixing sufficient tolls and charges and the collection, segregation, and
application of the revenue derived from the operation of the bridge. In
case of default, a receiver may be appointed by a judge of the circuit court
to take possession of, operate, and maintain the bridge,
charge and collect tolls, and segregate and apply the money received in
accordance with the ordinance relating thereto.
(Source: P.A. 79-1366.)
(605 ILCS 5/10-712) (from Ch. 121, par. 10-712)
Sec. 10-712.
Revenue bonds, including refunding bonds, may be issued under
this Division of this Article without submitting the proposition of the
approval of the ordinance or the question of the issuance of the bonds to
the electors of the municipality, except as otherwise provided in Section
10-708.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-713) (from Ch. 121, par. 10-713)
Sec. 10-713.
Any municipality may by ordinance provide for the
establishment of a Bridge Commission, to consist of 3 persons resident
therein to be appointed by the Mayor, for terms of 4 years and until their
successors are appointed; provided that of the Commissioners first
appointed, one shall be appointed for a term of 2 years, one for 3 years
and one for 4 years, as designated by the Mayor. The Commissioners shall
receive no compensation for their services but shall be reimbursed for
actual expenses incurred in the discharge of their duties. Vacancies in the
office of any Commissioner shall be filled by the Mayor by appointment for
the unexpired term.
The ordinance may vest in the Bridge Commission the duties and
responsibilities incident to the acquisition or construction of the bridge
project, the operation and maintenance of the bridge project, the execution
of contracts for the acquisition, construction and maintenance thereof, the
collection of the tolls and other charges of the municipality for transit
over or use of the bridge, and such other powers as the corporate
authorities may deem necessary or desirable. Nothing in this section shall
be construed to authorize a delegation of power to the Bridge Commission to
adopt any ordinance pertaining to the issuance of revenue bonds or
refunding revenue bonds or the fixing of rates of toll.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-714) (from Ch. 121, par. 10-714)
Sec. 10-714.
Where a municipality desires to undertake a bridge project
under this Division of this Article which involves property within the
corporate limits of another municipality or municipalities, the powers
designated in this Division of this Article shall not be exercised in
respect to such property except with the consent of the corporate
authorities of such other municipality or municipalities as evidenced by an
ordinance or ordinances thereof. The municipalities involved may by
agreement determine their respective rights, duties and obligations
thereunder.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-715) (from Ch. 121, par. 10-715)
Sec. 10-715.
The State and all counties, municipalities and other municipal
corporations, political subdivisions and public bodies, and public officers
of any thereof, all banks, bankers, trust companies, saving banks and
institutions, building and loan associations, savings and loan
associations, investment companies and other persons carrying on a banking
business, all insurance companies, insurance associations and other persons
carrying on an insurance business, and all executors, administrators,
guardians, trustees and other fiduciaries may legally invest any sinking
funds, moneys or other funds belonging to them or within their control in
any bonds, including refunding bonds, issued pursuant to this Division of
this Article, it being the purpose of this Section to authorize the
investment in such bonds of all sinking, insurance, retirement,
compensation, pension and trust funds, whether owned or controlled by
private or public persons or officers. However, nothing contained in this
Section may be construed as relieving any person, firm, or corporation from
any duty of exercising reasonable care in selecting securities for purchase
or investment.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/Art. 10 Div. 8 heading)
(605 ILCS 5/10-801) (from Ch. 121, par. 10-801)
Sec. 10-801.
In this Division of this Article, unless the context otherwise
requires:
(1) "Bridge" means any bridge over any river forming a boundary of this
State carrying highway, rail or other traffic, or any deck, level or part
of such bridge whether or not the entire bridge is owned or to be owned by
the municipality, and all property, rights-of-way, easements, approaches,
and franchises in connection therewith, and may mean two or more of such
bridges, decks, levels or parts thereof;
(2) "Net revenue means the gross revenue of a bridge less the reasonable
cost of operating, maintaining, and repairing the bridge;
(3) "United States" means the United States of America and any agent,
agency, department, bureau, commission or authority thereof of whatsoever
kind;
(4) "Holder" means the holder or holders of any of the bonds issued
under the authority of this Division of this Article.
(Source: Laws 1961, p. 2575.)
(605 ILCS 5/10-802) (from Ch. 121, par. 10-802)
Sec. 10-802. Each municipality has the power:
(Source: P.A. 97-252, eff. 8-4-11.)
(605 ILCS 5/10-803) (from Ch. 121, par. 10-803)
Sec. 10-803.
Without limiting any other powers granted in this Division of
this Article, each municipality has the power to provide for the payment of
the cost of acquiring, constructing, reconstructing, improving, enlarging,
bettering or repairing any bridge or for the payment of any portion of such
cost by one or more issues of revenue bonds of the municipality, payable
solely from the net revenue of such bridge. These bonds shall be authorized
by ordinance of the corporate authorities of the municipality and shall be
in substantially the form set forth in the ordinance. The bonds may be
serial or term; redeemable, with or without premium, or non-redeemable;
shall bear interest at such rate or rates, not exceeding the maximum rate
authorized by the Bond Authorization Act, as amended at the time of the
making of the contract,
payable at such times as may be provided; shall mature at such times not
exceeding the life of the bridge, for the acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair of which
they are issued, as estimated by the corporate authorities, but in no event
exceeding 40 years; and shall be issued in such amounts and payable at such
place or places, within or without the State, as shall be prescribed in the
ordinance authorizing their issuance. The bonds of any issue may be
delivered in such installments from time to time, and at such place or
places, within or without the State, as the corporate authorities may, by
resolution, determine.
The bonds shall be signed by such officer or officers as the corporate
authorities shall determine, and coupon bonds shall have attached thereto
interest coupons bearing the facsimile signatures of such officer or
officers as the corporate authorities shall determine, in the ordinance
authorizing the bonds. The signature of only one of the officers signing
the bonds need be a manual signature, and the signature of any other
officers signing the bonds may be facsimile signatures. A facsimile of the
seal of the municipality may be imprinted on the bonds. The bonds may be
issued and delivered notwithstanding the fact that an officer signing the
bonds or whose facsimile signature appears upon any of the bonds or coupons
has ceased to hold his office at the time that the bonds are actually
delivered, and notwithstanding the fact that an officer whose facsimile
signature appears upon the bonds or coupons has ceased to hold his office
at the time that the bonds are manually signed by the officer or officers
required to sign the bonds manually.
The bonds of the municipality may be sold in such manner, at such times,
and at such prices as the corporate authorities may determine, but no sale
shall be made at a price which would make the interest cost to maturity on
the money received therefor computed with relation to the absolute maturity
of the bonds in accordance with standard tables of bond values, exceed 6%
annually. The principal of and interest upon the bonds shall be payable
solely from the net revenue derived from the operation of the bridge
acquired, constructed, reconstructed, improved, enlarged, bettered or
repaired with the proceeds of the sale of the bonds. No bond issued
pursuant to this Division of this Article shall constitute an indebtedness
of a municipality within the meaning of any constitutional, statutory or
charter limitation. It shall be plainly stated on the face of each bond in
substance that the bond has been issued under the provisions of this
Division of this Article and that the taxing power and general credit of
the municipality issuing the bond are not pledged to the payment of the
bond, or interest thereon, and that the bond and the interest thereon are
payable solely from the net revenue of the bridge to acquire, construct,
reconstruct, improve, enlarge, better or repair which the bond is issued.
The cost of the acquisition, construction, reconstruction, improvement,
enlargement, betterment or repair of any bridge shall include debt service
reserves to secure the payment of bonds issued therefor under this Division
of this Article, interest during the period, as estimated by the corporate
authorities, of such construction, reconstruction, improvement,
enlargement, betterment or repair and for not exceeding 12 months
thereafter, and also all engineering, legal, architectural, traffic
surveying and other expenses incident to such acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair and incident
to the acquisition of any and all necessary property in connection
therewith and also incident to the financing thereof, including the cost of
acquiring existing franchises, easements, rights, plans, and works of and
relating to the bridge. If the proceeds of the bonds issued shall exceed
the cost as finally determined, the excess shall be applied to the payment,
purchase or redemption of the bonds. Bonds and interest coupons issued
under this Division of this Article shall possess all the qualities of
negotiable instruments. Such bonds shall be legal investments for trustees
and other fiduciaries, and for savings banks, trust companies, and
insurance companies organized under the laws of the State of Illinois.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(605 ILCS 5/10-804) (from Ch. 121, par. 10-804)
Sec. 10-804.
An ordinance authorizing bonds under this Division of this
Article may contain provisions, which shall be part of the contract with
the holders of the bonds, as to (1) the dates, maturities, denominations,
rate of interest, places and medium of payment of the bonds and other
details in connection with the bonds or their issuance, (2) the rates of
tolls and other charges to be charged by the municipality for transit over
or use of the bridge, and their segregation and application, (3) the
registration of the bonds as to principal only or as to both principal and
interest, and the interchangeability and exchangeability of the bonds, (4)
the redemption of the bonds, and the price at which they are redeemable,
(5) the setting aside of reserves or sinking funds and the regulation and
disposition thereof, (6) limitations upon the issuance of additional bonds
payable from the revenue of the bridge or upon the rights of the holders of
these additional bonds, and (7) other agreements with the holders of the
bonds or covenants or restrictions necessary or desirable to safeguard the
interests of these holders.
After the passage of an ordinance providing for the issuance of the
revenue bonds under this Division of this Article, the ordinance shall be
published in the same manner and form as is required for other ordinances
of the municipality. The ordinance shall become effective 10 days after
publication.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-805) (from Ch. 121, par. 10-805)
Sec. 10-805.
The municipality shall fix rates of toll to be charged for
transit over and use of such a bridge. These rates shall be so fixed,
charged, and adjusted as to provide revenue at all times sufficient (1) to
pay the reasonable cost of maintaining (including insurance), operating and
repairing the bridge; (2) to provide a sinking fund and reserves sufficient
to pay the principal of and interest on the bonds out of the revenue from
the bridge, as the bonds mature and fall due; (3) to pay the redemption or
repurchase price of all bonds redeemed or repurchased before maturity as
provided in this Division of this Article; and (4) to fulfill the terms and
provisions of any agreement with holders of the bonds.
An accurate record of the cost of each bridge, the expenditures for
maintaining, operating, and repairing the bridge, and of the daily tolls
collected, shall be kept and shall be available for the information of all
persons interested. The municipality shall classify in a reasonable way all
traffic over the bridge, and the tolls shall be fixed and adjusted by it as
to be uniform in their application to all traffic falling within any such
reasonable class.
The municipality shall operate the bridge as a toll bridge and after all
the covenants contained in the ordinance authorizing the issuance of any
revenue bonds have been complied with annually and there be any surplus
revenues remaining such surplus may be appropriated by such municipality
for any proper corporate purpose, or pledged for the payment of any revenue
bonds issued under this Division of this Article by the municipality for
the construction or acquisition of any other bridge or bridges. After all
bonds payable out of the revenues thereof have been paid in full, the
municipality may continue to operate such bridge as a toll bridge and rates
shall be fixed, charged and adjusted so as to produce revenue annually in
an amount not to exceed 5% of the cost of the bridge as shown by the
records of the municipality required to be kept as in this Division of this
Article provided. The revenues thus produced shall be used to maintain,
operate and repair such bridge, provided any surplus remaining after
properly setting aside sums for maintenance, operation and repair of the
bridge may be appropriated for any corporate purpose or pledged for the
payment of any revenue bonds issued under this Division of this Article by
the municipality for the construction or acquisition of any other bridge or
bridges.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-806) (from Ch. 121, par. 10-806)
Sec. 10-806.
Any municipality may by ordinance authorize the issue of
refunding revenue bonds under this Division of this Article payable solely
from the net revenue of one or more bridges to refund the principal,
premium, if any, and accrued interest of any one or more issues of its
outstanding revenue bonds issued under the provisions of this Division of
this Article and which by their terms are payable solely from the revenue
of any bridge or bridges, such refunding to be made at or after maturity or
prior to maturity with the consent of the holders thereof, provided that
such consent shall not be required if such bonds are subject to redemption
prior to maturity, and any such refunding revenue bonds may bear interest
at a rate not to exceed the maximum rate authorized by the Bond Authorization
Act, as amended at the time of the making of the contract,
payable at such
times as may be
provided by the ordinance authorizing the issue thereof. All of the
provisions of this Division of this Article with respect to the form,
maturities and other details of bonds and the security therefor and
covenants with respect thereto shall be applicable to such refunding bonds,
and such refunding bonds may be consolidated with and be a part of an issue
of revenue bonds issued pursuant to the provisions of this Division of this
Article for the payment of the cost of acquiring, constructing,
reconstructing, improving, enlarging, bettering or repairing any bridge or
for the payment of any portion of such cost. Any ordinance authorizing such
refunding revenue bonds may contain such covenants and restrictions upon
the issuance of additional revenue bonds as may be deemed necessary or
advisable for the assurance of the payment of the revenue bonds thereby
authorized.
With respect to instruments for the payment of money issued under this
Section either before, on, or after the effective date of this amendatory
Act of 1989, it is and always has been the intention of the General
Assembly (i) that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in accordance with the
Omnibus Bond Acts, regardless of any provision of this Act that may appear
to be or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that instruments
issued under this Section within the supplementary authority granted
by the Omnibus Bond Acts are not invalid because of any provision of
this Act that may appear to be or to have been more restrictive than
those Acts.
(Source: P.A. 86-4.)
(605 ILCS 5/10-807) (from Ch. 121, par. 10-807)
Sec. 10-807.
The holder of any bond or interest coupon may, by mandamus,
injunction, civil action or proceeding, enforce and compel performance of
all duties of the issuing municipality as required by this Division of this
Article and the ordinance authorizing the issuance of the bonds, including
the duties of fixing sufficient tolls and charges and the collection,
segregation, and application of the revenue derived from the operation of
the bridge. In case of default, a receiver may be appointed by a judge of
the circuit court to take possession of, operate, and maintain the
bridge, charge and collect tolls, and segregate and apply the money
received in accordance with the ordinance relating thereto.
(Source: P.A. 84-1308.)
(605 ILCS 5/10-808) (from Ch. 121, par. 10-808)
Sec. 10-808.
Revenue bonds may be issued under this Division of this
Article without submitting the proposition of the approval of the ordinance
or the question of the issuance of the bonds to the electors of the
municipality.
(Source: Laws 1959, p. 196.)
(605 ILCS 5/10-809) (from Ch. 121, par. 10-809)
Sec. 10-809.
All proceedings heretofore taken by any municipality under
this or any prior Act for the acquisition, construction, reconstruction,
improvement, enlargement, betterment or repair of any bridge over any river
forming a boundary of this State, and all revenue bonds issued by any
municipality for the financing of the acquisition, construction,
reconstruction, improvement, enlargement, betterment or repair thereof are
hereby ratified, validated and confirmed.
(Source: Laws 1961, p. 2575.)
(605 ILCS 5/Art. 10 Div. 9 heading)
(605 ILCS 5/10-901) (from Ch. 121, par. 10-901)
Sec. 10-901.
The Department may acquire, by purchase or by condemnation,
the franchise and all equipment, boats, landing facilities, and other
appurtenances of any ferry in existence on March 15, 1959, operating on the
Illinois River and connecting any road a part of the county highway system
in any county having not more than 7,000 inhabitants, as determined by the
1950 Federal census, with any State highway in any county having not more
than 16,000 inhabitants, as determined by the same census.
(Source: Laws 1959, p. 1190.)
(605 ILCS 5/10-902) (from Ch. 121, par. 10-902)
Sec. 10-902.
The Department may maintain and operate any ferry acquired
under Section 10-901 of this Code as a free ferry service for the
conveyance of persons, motor vehicles and other property across the
Illinois River so long as such operation is justified by the amount of
traffic using such ferry. The location of ferry landings and the route of
any ferry acquired and operated under the authority of these sections shall
be such as the Department determines will be most convenient to the
majority of the users of such service considering economy of operation of
such service. If deemed desirable and feasible by the Department the
operation of such service may be relocated by the Department and new
approaches and facilities constructed to serve the relocated site of
operation.
(Source: Laws 1959, p. 1190.)
(605 ILCS 5/10-903) (from Ch. 121, par. 10-903)
Sec. 10-903.
The Department may use funds regularly appropriated to it for
the construction and maintenance of highways for the purposes set forth in
Section 10-901 and 10-902 of this Code.
(Source: Laws 1959, p. 1190.)
(605 ILCS 5/Art. 10 Div. 10 heading)
(605 ILCS 5/10-1001) (from Ch. 121, par. 10-1001)
Sec. 10-1001.
The Department shall repair, maintain, operate, control and
preserve every covered bridge (and the abutments and approaches thereof) in
this State, meaning every structure which spans a watercourse, chasm,
ravine, road or railroad in or forming a boundary line of this State and
affording passage from one bank or side thereof to the other, and which is
enclosed in such manner as to prevent a clear, unimpeded view of the
interior thereof from the top or longitudinal sides thereof.
(Source: Laws 1963, p. 3473.)
Structure Illinois Compiled Statutes
Chapter 605 - ROADS AND BRIDGES
605 ILCS 5/ - Illinois Highway Code.
Article 1 - Short Title, Legislative Intent And Application Of Code
Article 2 - Systems Of Highways - Definitions
Article 4 - State Administration Of Highways
Article 5 - County Administration Of Highways
Article 6 - Administration Of Township And District Roads
Article 7 - Municipal Administration Of Streets
Article 9 - General Highway Provisions
Article 10 - Special Provisions Concerning Bridges, Ferries, Terminals And Other Highway Structures